× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Mixed-age couples changes - further regulations?

 < 1 2

Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 1411

Joined: 27 February 2019

I disagree. There may not be any work related requirements, but a WCA can, and should, be carried out for the purposes of the work allowance and LCWRA element.

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 3196

Joined: 7 January 2016

Don’t disagree with you Charles but it is absurd that older partners with no conditionality or work related requirements will need to go through WCA in order to try and get LCWRA element paid.

TomGAC
forum member

Gateshead Citizens Advice Bureau, Cancer/Leukaemia Support Service

Send message

Total Posts: 1

Joined: 9 September 2016

Tina M - 16 May 2019 04:07 PM

Work Capability Assessments are for working age claimants, and claimants over retirement age do not have any work related requirements.

Edit as my original was poorly worded.

It’s clear from the guidelines that a pension age claimant will have no work related requirements.  But I’ve not been able to find any reference to an upper age limit under regulation 40 and 41 (UC regs 2013) for the WCA, and would have thought that this is determined at the application status on the basis of health concerns being flagged up?

Any thoughts on where the idea of an upper age limit for capability for work comes from?

T

[ Edited: 21 May 2019 at 04:17 pm by TomGAC ]
Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 1411

Joined: 27 February 2019

As I mentioned above, I disagree and think a WCA can happen. It is true, a pensioner will never have any work-related requirements imposed, (see Reg 89(1)(a) of the UC Regs), however LCW/LCWRA status is important for other reasons, including for the work allowance and the LCWRA element.

It is also the case that some pensioners will automatically be given either LCW or LCWRA status, and will therefore not require a WCA to be carried out. See Sched. 8 para 6 and Sched. 9 para 5.

Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 3537

Joined: 14 March 2014

New guidance also out - DMG Memo 07/19 replaces DMG 01/19